CHAPTER XV
CRIMINAL PROVISIONS
Article 130
Any person who deliberately and without rights infringes the rights of a Patent Holder by committing any of the acts as referred to in Article 16 shall be sentenced toimprisonment of at most 4 (four) years and/or a fine of at most Rp.500,000,000.00 (five hundred million rupiahs).
Article 131
Any person who deliberately and without rights violatesthe rights of a Simple Patent holder by committing any of the acts as referred to in Article 16 shall be sentenced to imprisonment of at most 2 (two) years and/or a fine of at most Rp.250,000,000.00 (two hundred and fifty million rupiahs).
Article 132
Any person who deliberately fails to fulfill the obligations as referred to in Article 25 paragraph (3), Article 40, and Article 41 shall be sentenced to imprisonment of at most 2 (two) years.
Article 133
The criminal offences referred to in Article 130, Article 131, and Article 132 shall constitute offense that warrants complaint.
Article 134
Where an infringement on Patent is established, a judge may order that the products resulted from the infringement shall be confiscated by the State to thereafter be destroyed.
Article 135
Exempted from the criminal provisions as referred to in this Chapter are:
a. the importation of a pharmaceutical product protected by a patent in Indonesia and that the product has been marketed in a country by the right Patent Holder provided that the product is imported in accordance with the prevailing rules and regulations;
b. the production of a pharmaceutical product protected by a patent in Indonesia in a period of 2 (two) years before the termination of the patent protectionwith the purpose to process the permit and to do marketing after the termination of the patent protection.